In this guide, we will explore when you could be eligible to begin a personal injury claim for injuries sustained in an accident involving manual handling. A claim can only be made if the eligibility requirements are met. We will explore these in further detail throughout our guide, as well as the time limits in place for starting legal proceedings and the evidence that can be used to support your case.
How To Make A No Win No Fee Manual Handling Claim
Employers owe a duty of care to their employees. If this is breached, it could lead to you experiencing harm in the workplace. We will provide examples of how a breach of this duty could lead to manual handling accidents and injuries.
Furthermore, we will discuss the settlement you could be awarded if your accident at work claim were to succeed.
Finally, we will explore the benefits of working with a No Win No Fee solicitor from our panel and the services they could offer.
For more information, you can get in touch with an advisor from our team. They can offer free advice in relation to your potential claim and answer any questions you might have regarding the claims process. To get in touch, you can:
- Discuss your claim over the phone on 0333 000 0729
- Contact us by completing our online form.
- Message an advisor on the live chat function below.
Select A Section
- The Criteria For Making A Manual Handling Claim
- Types Of Manual Handling Injuries You Can Claim For
- How Do I Prove Liability In An Accident At Work Claim?
- Compensation Payouts In A Manual Handling Claim
- Funding A No Win No Fee Solicitor For Your Workplace Accident Claim
- Read More About A Manual Handling Claim
The Criteria For Making A Manual Handling Claim
You may be wondering whether you can begin a personal injury claim for injuries sustained in an accident involving manual handling. For a claim to be made, you need to establish negligence. This involves proving:
- Firstly, you were owed a duty of care by your employer at the time and place of the accident.
- Secondly, this duty was breached.
- Thirdly, this breach caused your injuries.
An employer’s duty of care is defined in the Health and Safety at Work etc. Act 1974 (HASAWA). The act requires that an employer takes reasonable steps to ensure the safety of their employees and prevent injury in the workplace or while work-related duties are being carried out.
Additionally, the Manual Handling Operations Regulations 1992 sets out the specific responsibilities employers have in connection with manual handling activities. It states they must avoid the need for activities involving manual handling where there is a risk of employees becoming injured. If this is not possible, they must take appropriate steps to reduce the risk of injury. There are several ways they can do this, including:
- Making any loads smaller, lighter, or easier to hold
- Adapting the workplace to reduce the distances for carrying and avoiding employees having to use unnatural and unsafe lifting techniques
- Ensuring employees have had sufficient training on how to carry out manual handling activities as safely as possible
A failure on your employer’s part to uphold their duty of care could lead to a manual handling accident in which you sustain an injury.
Time Limits On Manual Handling Claims
In general, there is a limitation period of three years to start a personal injury claim from the date of the accident. This is outlined in the Limitation Act 1980. However, how long you have to claim for an accident at work may differ in some circumstances.
To find out more about the time limit and it’s exceptions or to discuss whether you could be eligible to begin a claim for manual handling injuries, get in touch on the number above.
Types Of Manual Handling Injuries You Can Claim For
There are several types of injuries that could be sustained as a result of a manual handling accident. For example:
- Back injuries and neck injuries – An employee might have used an unsafe lifting technique due to receiving inadequate manual handling training in the workplace causing them to sustain soft tissue damage in the back.
- Shoulder injuries, hand injuries, and arm injuries – An employer may have failed to carry out a risk assessment before instructing employees to carry out manual handling tasks. As a result, they might have sustained soft tissue damage to their arm and shoulder as a result of carrying a load that was too heavy for their height.
- Foot injuries – An employer might have failed to ensure the loads they asked an employee to carry were light enough and small enough to carry safely. As a result, the employee might have sustained a crush injury to their foot after dropping a heavy load.
To discuss the specific injuries you sustained while manual handling and if a claim could be made, get in touch on the number above.
How Do I Prove Liability In An Accident At Work Claim?
Evidence can help to support a claim for manual handling. It can be used to prove negligence as well as give details on the extent of the physical or psychological impact caused by your injury. Additionally, it can help prove any financial losses.
Examples of the evidence you could collect include:
- CCTV footage of the accident.
- A diary of your symptoms and injuries.
- Records of financial expenses, such as receipts and payslips.
- A copy of your medical records.
- Contact details of witnesses.
One of the services a solicitor from our panel can provide is helping you collect evidence for your case. If you would like to find out more about how they can help and whether they could represent your accident at work claim, get in touch on the number above.
Compensation Payouts In A Manual Handling Claim
Personal injury settlements following a successful claim will consist of compensation for the pain and suffering caused by your injuries. This is awarded under general damages.
Below is a table containing guideline award brackets taken from the Judicial College Guidelines (JCG), a tool solicitors use to help them value general damages. Please only use the figures as a guide.
Compensation Table
Injury Level of Severity Value - Guideline Notes
Elbow Severely Disabling (a) £39,170 to £54,830 The injury causes a severe disability.
Elbow Less Severe (b) £15,650 to £32,010 No major surgery is needed and there is no significant disability caused. However, function will be impaired.
Neck Severe (a) (iii) £45,470 to £55,990 Severe soft tissue damage by itself or with ruptured tendons. This causes chronic conditions and a permanent disability that is significant.
Neck Moderate (b) (ii) £13,740 to £24,990 Over a prolonged period, there has been the acceleration or exacerbation of a pre-existing condition due to injuries to the neck.
Arm Less Severe (c) £19,200 to £39,170 Significant disabilities have been present but the person will make a substantial degree of recovery or they will be expected to do so.
Wrist Significant and Permanent Disability (b) £24,500 to £39,170 Despite the person experiencing a significant and permanent disability, some useful movement remains.
Foot Moderate (f) £13,740 to £24,990 Permanent deformity and ongoing symptoms caused by displaced metatarsal fractures.
Shoulder Serious (b) £12,770 to £19,200 A rotator cuff injury that causes ongoing symptoms after surgery.
Shoulder Moderate (c) £7,890 to £12,770 Soft tissue injuries with symptoms that are more than minimal and persist for more than two years.
Hand Moderate (h) £5,720 to £13,280 Soft tissue type injuries and lacerations are included in this bracket.
Are There Other Forms Of Compensation Available?
Your settlement could also consist of compensation for the financial losses incurred due to your injuries. This is awarded under special damages. Examples of the costs you could claim back include:
- Travel costs.
- Medical expenses.
- Loss of earnings.
For an accurate estimate of how much compensation you could be awarded should you make a successful claim, get in touch on the number above.
Funding A No Win No Fee Solicitor For Your Workplace Accident Claim
The accident at work solicitors from our panel could help you through the different stages of the claims process. Additionally, they can represent your claim through a No Win No Fee contract. There are many types, but the one they can offer is called a Conditional Fee Agreement.
As per the terms of this arrangement, you will not be charged for your solicitor’s services upfront or whilst the claim is in progress. Furthermore, you won’t be charged for their work if your claim completes unsuccessfully.
If your claim has a successful outcome, you will pay your solicitor a percentage of your compensation. However, the amount they can take is capped by the Conditional Fee Agreements Order 2013.
For more information on working with a solicitor from our panel, get in touch with an advisor. They can assess whether you have valid grounds to seek personal injury compensation. If you do, they could assign a solicitor to your case. To reach them, you can:
- Discuss your claim over the phone on 0333 000 0729
- Contact us by completing our online form.
- Message an advisor on the live chat function below.
Read More About A Manual Handling Claim
For more of our guides relating to personal injury claims for an accident at work:
- How to claim compensation for fatigue and tiredness from an accident at work
- How to make a defective work equipment accident claim
- What could I claim for a construction accident?
For more external resources:
- GOV.UK – Learn how to request CCTV footage of yourself
- NHS – How to get your medical records
- Health and Safety Executive – Assess manual handling that can’t be avoided
Thank you for reading this guide on accidents involving manual handling and when a claim could be made. If you have any other questions, please get in touch using the details provided above.
Written by MWH
Edited by MMI
